House Bill 2007

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    Florida House of Representatives - 1999                HB 2007

        By the Committee on Juvenile Justice and Representative
    Merchant





  1                      A bill to be entitled

  2         An act relating to criminal and juvenile

  3         justice; amending s. 435.04, F.S., relating to

  4         employment screening; expanding list of

  5         prohibited offenses; amending s. 943.0515,

  6         F.S.; requiring the retention of criminal

  7         history records of minors committed to a

  8         maximum-risk residential program; amending s.

  9         985.308, F.S.; removing rulemaking authority

10         regarding minimum standards for juvenile sex

11         offender programs; creating s. 985.421, F.S.;

12         creating the Florida Business Partners for

13         Prevention; defining "direct-support

14         organization"; providing that the Department of

15         Juvenile Justice may permit use by a

16         direct-support organization of property and

17         facilities of the state juvenile justice

18         system, under specified circumstances;

19         providing for a board of directors of the

20         Department of Juvenile Justice direct-support

21         organization; providing for an annual audit and

22         report; authorizing the department and the

23         Auditor General to require certain data from

24         the organization or its independent auditor;

25         amending s. 985.03, F.S.; defining "aftercare"

26         and redefining "delinquency program" and

27         "restrictiveness level" with respect to the

28         minimum-risk nonresidential level; amending s.

29         985.207, F.S., relating to taking a child into

30         custody; removing reference to "furlough";

31         amending s. 985.208, F.S., relating to

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  1         detention of child on authority of the

  2         department; replacing reference to "furloughed"

  3         child with reference to "released" child;

  4         amending s. 985.212, F.S., relating to

  5         fingerprint and photograph records of children

  6         charged with or found to have committed

  7         specified misdemeanors; permitting submission

  8         of such records to the Department of Law

  9         Enforcement for use by criminal justice

10         agencies for specified purposes; amending s.

11         985.231, F.S., relating to powers of

12         disposition in delinquency cases; replacing

13         references to "aftercare" with references to

14         "postcommitment community control"; providing

15         for the department or the state attorney to

16         bring the child before the court on an

17         affidavit alleging a violation of a community

18         control program or a postcommitment community

19         control program; replacing reference to

20         "furlough" with "release"; providing for

21         release of the child in a postresidential

22         minimum-risk nonresidential aftercare program,

23         or subsequent transfer to another program or

24         facility, under specified circumstances;

25         amending s. 985.3141, F.S.; revising provisions

26         relating to escapes from secure detention or

27         residential commitment facilities; amending s.

28         985.316, F.S.; providing legislative intent

29         with respect to aftercare; replacing references

30         to a "furloughed" child with references to a

31         "released" child; providing for delivery of

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  1         aftercare services, continuation of a child's

  2         commitment status, or transfer under specified

  3         circumstances; providing that a juvenile on

  4         postcommitment community control will be

  5         subject to specified provisions relating to use

  6         of detention upon findings that the child

  7         presents a substantial risk of not appearing at

  8         a subsequent hearing; removing certain

  9         provisions authorizing an administrative

10         hearing to be held in cases when furlough

11         revocation is recommended; removing provision

12         relating to legislative intent with respect to

13         provision of reentry services; amending s.

14         985.404, F.S., relating to administering the

15         juvenile justice continuum; providing for

16         transfer of a child to a postresidential

17         minimum-risk nonresidential aftercare program;

18         amending s. 985.417, F.S., relating to transfer

19         of children from the Department of Corrections

20         to the Department of Juvenile Justice;

21         replacing reference to a "furloughed" child

22         with reference to a "released" child; amending

23         s. 984.03, F.S.; redefining "delinquency

24         program" to remove reference to "furlough";

25         amending s. 39.0132, F.S; removing requirement

26         that the Department of Children and Family

27         Services disclose to the school superintendent

28         the presence of certain children who have known

29         histories of sexual behavior with other

30         juveniles and who are under departmental care,

31         custody, jurisdiction, or supervision; amending

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  1         s. 985.04, F.S.; removing requirement that the

  2         Department of Juvenile Justice disclose to the

  3         school superintendent the presence of certain

  4         children who have known histories of sexual

  5         behavior with other juveniles and who are under

  6         departmental care, custody, jurisdiction, or

  7         supervision; amending s. 985.406, F.S.;

  8         providing for establishment of a "certifiable"

  9         program for juvenile justice training;

10         providing for competency-based examination;

11         prescribing minimum requirements for Department

12         of Juvenile Justice program staff and providers

13         who deliver direct-care services and are hired

14         on or after October 1, 1999; providing an

15         exception; amending s. 960.001, F.S., relating

16         to guidelines for fair treatment of victims and

17         witnesses in the criminal justice and juvenile

18         justice systems; providing for certain agency

19         expenditures for crime prevention and related

20         activities; amending s. 784.075, F.S.;

21         replacing the term "intake counselor or case

22         manager" with "juvenile probation officer" and

23         correcting statutory references; amending ss.

24         419.001, 984.05, 985.227, 985.31, 985.311, and

25         985.312, F.S.; correcting cross references;

26         providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsection (2) of section 435.04, Florida

31  Statutes, 1998 Supplement, is amended to read:

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  1         435.04  Level 2 screening standards.--

  2         (2)  The security background investigations under this

  3  section must ensure that no persons subject to the provisions

  4  of this section have been found guilty of, regardless of

  5  adjudication, or entered a plea of nolo contendere or guilty

  6  to, any offense prohibited under any of the following

  7  provisions of the Florida Statutes or under any similar

  8  statute of another jurisdiction:

  9         (a)  Section 415.111, relating to adult abuse, neglect,

10  or exploitation of aged persons or disabled adults.

11         (b)  Section 782.04, relating to murder.

12         (c)  Section 782.07, relating to manslaughter,

13  aggravated manslaughter of an elderly person or disabled

14  adult, or aggravated manslaughter of a child.

15         (d)  Section 782.071, relating to vehicular homicide.

16         (e)  Section 782.09, relating to killing of an unborn

17  child by injury to the mother.

18         (f)  Section 784.011, relating to assault, if the

19  victim of the offense was a minor.

20         (g)  Section 784.021, relating to aggravated assault.

21         (h)  Section 784.03, relating to battery, if the victim

22  of the offense was a minor.

23         (i)  Section 784.045, relating to aggravated battery.

24         (j)  Section 784.075, relating to battery on a

25  detention or commitment facility staff.

26         (k)(j)  Section 787.01, relating to kidnapping.

27         (l)(k)  Section 787.02, relating to false imprisonment.

28         (m)  Section 787.04(2), relating to taking, enticing,

29  or removing a child beyond the state limits with criminal

30  intent pending custody proceedings.

31

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  1         (n)  Section 787.04(3), relating to carrying a child

  2  beyond the state lines with criminal intent to avoid producing

  3  a child at a custody hearing or delivering the child to the

  4  designated person.

  5         (o)  Section 790.115(1), relating to possessing an

  6  electric weapon or device, destructive device, or other weapon

  7  on school property.

  8         (p)  Section 790.115(2)(b), relating to possessing an

  9  electric weapon or device, destructive device, or other weapon

10  on school property.

11         (q)(l)  Section 794.011, relating to sexual battery.

12         (r)(m)  Former s. 794.041, relating to prohibited acts

13  of persons in familial or custodial authority.

14         (s)(n)  Chapter 796, relating to prostitution.

15         (t)(o)  Section 798.02, relating to lewd and lascivious

16  behavior.

17         (u)(p)  Chapter 800, relating to lewdness and indecent

18  exposure.

19         (v)(q)  Section 806.01, relating to arson.

20         (w)(r)  Chapter 812, relating to theft, robbery, and

21  related crimes, if the offense is a felony.

22         (x)(s)  Section 817.563, relating to fraudulent sale of

23  controlled substances, only if the offense was a felony.

24         (y)(t)  Section 825.102, relating to abuse, aggravated

25  abuse, or neglect of an elderly person or disabled adult.

26         (z)(u)  Section 825.1025, relating to lewd or

27  lascivious offenses committed upon or in the presence of an

28  elderly person or disabled adult.

29         (aa)(v)  Section 825.103, relating to exploitation of

30  an elderly person or disabled adult, if the offense was a

31  felony.

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  1         (bb)(w)  Section 826.04, relating to incest.

  2         (cc)(x)  Section 827.03, relating to child abuse,

  3  aggravated child abuse, or neglect of a child.

  4         (dd)(y)  Section 827.04, relating to contributing to

  5  the delinquency or dependency of a child.

  6         (ee)(z)  Section 827.05, relating to negligent

  7  treatment of children.

  8         (ff)(aa)  Section 827.071, relating to sexual

  9  performance by a child.

10         (gg)  Section 843.01, relating to resisting arrest with

11  violence.

12         (hh)  Section 843.025, relating to depriving a law

13  enforcement, correctional, or correctional probation officer

14  means of protection or communication.

15         (ii)  Section 832.12, relating to aiding in an escape.

16         (jj)  Section 843.13, relating to aiding in the escape

17  of juvenile inmates in correctional institutions.

18         (kk)(bb)  Chapter 847, relating to obscene literature.

19         (ll)  Section 874.05(1), relating to encouraging or

20  recruiting another to join a criminal gang.

21         (mm)(cc)  Chapter 893, relating to drug abuse

22  prevention and control, only if the offense was a felony or if

23  any other person involved in the offense was a minor.

24         (nn)  Section 944.35(3), relating to inflicting cruel

25  or inhuman treatment on an inmate resulting in great bodily

26  harm.

27         (oo)  Section 944.46, relating to harboring,

28  concealing, or aiding an escaped prisoner.

29         (pp)  Section 944.47, relating to introduction of

30  contraband into a correctional facility.

31

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  1         (qq)  Section 985.4045, relating to sexual misconduct

  2  in juvenile justice programs.

  3         (rr)  Section 985.4046, relating to contraband

  4  introduced into detention facilities.

  5         Section 2.  Subsection (1) of section 943.0515, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         943.0515  Retention of criminal history records of

  8  minors.--

  9         (1)(a)  The Criminal Justice Information Program shall

10  retain the criminal history record of a minor who is

11  classified as a serious or habitual juvenile offender or is

12  committed to a maximum-risk residential program under chapter

13  985 for 5 years after the date the offender reaches 21 years

14  of age, at which time the record shall be expunged unless it

15  meets the criteria of paragraph (2)(a) or paragraph (2)(b).

16         (b)  If the minor is not classified as a serious or

17  habitual juvenile offender or committed to a maximum-risk

18  residential program under chapter 985, the program shall

19  retain the minor's criminal history record for 5 years after

20  the date the minor reaches 19 years of age, at which time the

21  record shall be expunged unless it meets the criteria of

22  paragraph (2)(a) or paragraph (2)(b).

23         Section 3.  Subsections (14) and (15) of section

24  985.308, Florida Statutes, 1998 Supplement, are amended to

25  read:

26         985.308  Juvenile sexual offender commitment programs;

27  sexual abuse intervention networks.--

28         (14)  Subject to specific appropriation, availability

29  of funds, or receipt of appropriate grant funds, the Office of

30  the Attorney General, the Department of Children and Family

31  Services, the Department of Juvenile Justice, or local

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  1  juvenile justice councils shall award grants to sexual abuse

  2  intervention networks that apply for such grants. The grants

  3  may be used for training, treatment, aftercare, evaluation,

  4  public awareness, and other specified community needs that are

  5  identified by the network. A grant shall be awarded based on

  6  the applicant's level of local funding, level of

  7  collaboration, number of juvenile sexual offenders to be

  8  served, number of victims to be served, and level of unmet

  9  needs. The Department of Legal Affairs' Office of the Attorney

10  General, in collaboration with the Department of Juvenile

11  Justice and the Department of Children and Family Services,

12  shall establish by rule minimum standards for each respective

13  department for residential and day treatment juvenile sexual

14  offender programs funded under this subsection.

15         (15)  The Department of Legal Affairs may adopt rules

16  necessary to award grants under this section.

17         Section 4.  Section 985.421, Florida Statutes, is

18  created to read:

19         985.421  Florida Business Partners for Prevention; use

20  of property; audit.--

21         (1)  DEFINITION.--For the purpose of this section,

22  "direct-support organization" means an organization which is:

23         (a)  A Florida corporation not for profit incorporated

24  under the provisions of chapter 617 and approved by the

25  Department of State.

26         (b)  Organized and operated to conduct programs and

27  activities; raise funds; request and receive grants, gifts,

28  and bequests of money; acquire, receive, hold, invest, and

29  administer, in its own name, securities, funds, objects of

30  value, or other property, real or personal; and make

31  expenditures to or for the direct or indirect benefit of the

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  1  state juvenile justice system, or county councils, or district

  2  boards.

  3         (c)  Determined by the Department of Juvenile Justice

  4  to be consistent with the goals of the state juvenile justice

  5  system and in the best interest of the state and in accordance

  6  with the adopted goals and mission of the organization.

  7         (2)  USE OF PROPERTY.--

  8         (a)  The Department of Juvenile Justice may permit,

  9  without charge, appropriate use of fixed property and

10  facilities of the state juvenile justice system by a

11  direct-support organization, subject to the provisions of this

12  section.

13         (b)  The Department of Juvenile Justice may prescribe

14  any condition with which a direct-support organization shall

15  comply in order to use fixed property or facilities of the

16  state juvenile justice system.

17         (c)  The Department of Juvenile Justice shall not

18  permit the use of any fixed property or facilities of the

19  state juvenile justice system by a direct-support organization

20  which does not provide equal membership and employment

21  opportunities to all persons regardless of race, color,

22  religion, sex, age, or national origin.

23         (3)  BOARD OF DIRECTORS.--The board of directors of the

24  Department of Juvenile Justice direct-support organization

25  shall be appointed by the Secretary of Juvenile Justice and

26  shall include representation from business, each of the

27  juvenile justice service districts, and one at-large

28  representative.

29         (4)  ANNUAL AUDIT.--The direct-support organization

30  shall make provision for any annual postaudit of its financial

31  accounts to be conducted by an independent certified public

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  1  accountant in accordance with s. 20.055.  The annual audit

  2  report shall include a management letter and shall be

  3  submitted to the Auditor General and the Department of

  4  Juvenile Justice for review.  The Department of Juvenile

  5  Justice and the Auditor General have the authority to require

  6  and receive from the organization or from its independent

  7  auditor any detailed or supplemental data relative to the

  8  operation of the organization.

  9         Section 5.  Subsections (4) through (59) of section

10  985.03, Florida Statutes, 1998 Supplement, are renumbered as

11  subsections (5) through (60), respectively, paragraph (a) of

12  present subsection (15) and paragraph (a) of present

13  subsection (46) are amended, and a new subsection (4) is added

14  to said section, to read:

15         985.03  Definitions.--When used in this chapter, the

16  term:

17         (4)  "Aftercare" is the care, treatment, help, and

18  supervision provided juveniles released from residential

19  commitment programs to promote rehabilitation and prevent

20  recidivism.  The purpose of aftercare is to protect public

21  safety, reduce recidivism, increase responsible productive

22  behaviors, and provide for a successful transition of care and

23  custody of the youth from the state to the family.  Examples

24  of aftercare include, but are not limited to, minimum-risk

25  nonresidential programs, reentry services, and postcommitment

26  community control.

27         (16)(15)(a)  "Delinquency program" means any intake,

28  community control and furlough, or similar program; regional

29  detention center or facility; or community-based program,

30  whether owned and operated by or contracted by the Department

31  of Juvenile Justice, or institution owned and operated by or

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  1  contracted by the Department of Juvenile Justice, which

  2  provides intake, supervision, or custody and care of children

  3  who are alleged to be or who have been found to be delinquent

  4  pursuant to part II.

  5         (47)(46)  "Restrictiveness level" means the level of

  6  custody provided by programs that service the custody and care

  7  needs of committed children. There shall be five

  8  restrictiveness levels:

  9         (a)  Minimum-risk nonresidential.--Youth assessed and

10  classified for placement in programs at this restrictiveness

11  level represent a minimum risk to themselves and public safety

12  and do not require placement and services in residential

13  settings. Programs or program models in this restrictiveness

14  level include: community counselor supervision programs,

15  special intensive group programs, nonresidential marine

16  programs, nonresidential training and rehabilitation centers,

17  and other local community nonresidential programs, including

18  any of the nonresidential or supervision programs that are

19  used for aftercare placement.

20         Section 6.  Paragraph (d) of subsection (1) of section

21  985.207, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         985.207  Taking a child into custody.--

24         (1)  A child may be taken into custody under the

25  following circumstances:

26         (d)  By a law enforcement officer who has probable

27  cause to believe that the child is in violation of the

28  conditions of the child's community control, furlough, or

29  aftercare supervision.

30

31

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  1  Nothing in this subsection shall be construed to allow the

  2  detention of a child who does not meet the detention criteria

  3  in s. 985.215.

  4         Section 7.  Section 985.208, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         985.208  Detention of released furloughed child or

  7  escapee on authority of the department.--

  8         (1)  If an authorized agent of the department has

  9  reasonable grounds to believe that any delinquent child

10  committed to the department has escaped from a facility of the

11  department or from being lawfully transported thereto or

12  therefrom, the agent may take the child into active custody

13  and may deliver the child to the facility or, if it is closer,

14  to a detention center for return to the facility. However, a

15  child may not be held in detention longer than 24 hours,

16  excluding Saturdays, Sundays, and legal holidays, unless a

17  special order so directing is made by the judge after a

18  detention hearing resulting in a finding that detention is

19  required based on the criteria in s. 985.215(2). The order

20  shall state the reasons for such finding. The reasons shall be

21  reviewable by appeal or in habeas corpus proceedings in the

22  district court of appeal.

23         (2)  Any sheriff or other law enforcement officer, upon

24  the request of the secretary of the department or duly

25  authorized agent, shall take a child who has escaped or

26  absconded from a department facility for committed delinquent

27  children, or from being lawfully transported thereto or

28  therefrom, into custody and deliver the child to the

29  appropriate juvenile probation officer of the department.

30         Section 8.  Paragraph (b) of subsection (1) of section

31  985.212, Florida Statutes, is amended to read:

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  1         985.212  Fingerprinting and photographing.--

  2         (1)

  3         (b)  A child who is charged with or found to have

  4  committed one of the following misdemeanors shall be

  5  fingerprinted and the fingerprints shall be submitted to the

  6  Department of Law Enforcement as provided in s. 943.051(3)(b):

  7         1.  Assault, as defined in s. 784.011.

  8         2.  Battery, as defined in s. 784.03.

  9         3.  Carrying a concealed weapon, as defined in s.

10  790.01(1).

11         4.  Unlawful use of destructive devices or bombs, as

12  defined in s. 790.1615(1).

13         5.  Negligent treatment of children, as defined in

14  former s. 827.05.

15         6.  Assault on a law enforcement officer, a

16  firefighter, or other specified officers, as defined in s.

17  784.07(2)(a).

18         7.  Open carrying of a weapon, as defined in s.

19  790.053.

20         8.  Exposure of sexual organs, as defined in s. 800.03.

21         9.  Unlawful possession of a firearm, as defined in s.

22  790.22(5).

23         10.  Petit theft, as defined in s. 812.014.

24         11.  Cruelty to animals, as defined in s. 828.12(1).

25         12.  Arson, resulting in bodily harm to a firefighter,

26  as defined in s. 806.031(1).

27

28  A law enforcement agency may fingerprint and photograph a

29  child taken into custody upon probable cause that such child

30  has committed any other violation of law, as the agency deems

31  appropriate. Such fingerprint records and photographs shall be

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  1  retained by the law enforcement agency in a separate file, and

  2  these records and all copies thereof must be marked "Juvenile

  3  Confidential." These records shall not be available for public

  4  disclosure and inspection under s. 119.07(1) except as

  5  provided in ss. 943.053 and 985.04(5), but shall be available

  6  to other law enforcement agencies, criminal justice agencies,

  7  state attorneys, the courts, the child, the parents or legal

  8  custodians of the child, their attorneys, and any other person

  9  authorized by the court to have access to such records. In

10  addition, such records may be submitted to the Department of

11  Law Enforcement for inclusion in the state-level file and

12  utilized by criminal justice agencies for criminal justice

13  purposes. These records may, in the discretion of the court,

14  be open to inspection by anyone upon a showing of cause. The

15  fingerprint and photograph records shall be produced in the

16  court whenever directed by the court. Any photograph taken

17  pursuant to this section may be shown by a law enforcement

18  officer to any victim or witness of a crime for the purpose of

19  identifying the person who committed such crime.

20         Section 9.  Paragraph (a) of subsection (1) of section

21  985.231, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         985.231  Powers of disposition in delinquency cases.--

24         (1)(a)  The court that has jurisdiction of an

25  adjudicated delinquent child may, by an order stating the

26  facts upon which a determination of a sanction and

27  rehabilitative program was made at the disposition hearing:

28         1.  Place the child in a community control program or

29  postcommitment community control an aftercare program under

30  the supervision of an authorized agent of the Department of

31  Juvenile Justice or of any other person or agency specifically

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  1  authorized and appointed by the court, whether in the child's

  2  own home, in the home of a relative of the child, or in some

  3  other suitable place under such reasonable conditions as the

  4  court may direct. A community control program for an

  5  adjudicated delinquent child must include a penalty component

  6  such as restitution in money or in kind, community service, a

  7  curfew, revocation or suspension of the driver's license of

  8  the child, or other nonresidential punishment appropriate to

  9  the offense and must also include a rehabilitative program

10  component such as a requirement of participation in substance

11  abuse treatment or in school or other educational program.

12  Upon the recommendation of the department at the time of

13  disposition, or subsequent to disposition pursuant to the

14  filing of a petition alleging a violation of the child's

15  conditions of community control or postcommitment community

16  control aftercare supervision, the court may order the child

17  to submit to random testing for the purpose of detecting and

18  monitoring the use of alcohol or controlled substances.

19         a.  A restrictiveness level classification scale for

20  levels of supervision shall be provided by the department,

21  taking into account the child's needs and risks relative to

22  community control supervision requirements to reasonably

23  ensure the public safety. Community control programs for

24  children shall be supervised by the department or by any other

25  person or agency specifically authorized by the court. These

26  programs must include, but are not limited to, structured or

27  restricted activities as described in this subparagraph, and

28  shall be designed to encourage the child toward acceptable and

29  functional social behavior. If supervision or a program of

30  community service is ordered by the court, the duration of

31  such supervision or program must be consistent with any

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  1  treatment and rehabilitation needs identified for the child

  2  and may not exceed the term for which sentence could be

  3  imposed if the child were committed for the offense, except

  4  that the duration of such supervision or program for an

  5  offense that is a misdemeanor of the second degree, or is

  6  equivalent to a misdemeanor of the second degree, may be for a

  7  period not to exceed 6 months. When restitution is ordered by

  8  the court, the amount of restitution may not exceed an amount

  9  the child and the parent or guardian could reasonably be

10  expected to pay or make. A child who participates in any work

11  program under this part is considered an employee of the state

12  for purposes of liability, unless otherwise provided by law.

13         b.  The court may conduct judicial review hearings for

14  a child placed on community control for the purpose of

15  fostering accountability to the judge and compliance with

16  other requirements, such as restitution and community service.

17  The court may allow early termination of community control for

18  a child who has substantially complied with the terms and

19  conditions of community control.

20         c.  If the conditions of the community control program

21  or the postcommitment community control aftercare program are

22  violated, the agent supervising the program as it relates to

23  the child involved, or the state attorney, may bring the child

24  before the court on an affidavit a petition alleging a

25  violation of the program. Any child who violates the

26  conditions of community control or postcommitment community

27  control aftercare must be brought before the court if

28  sanctions are sought. A child taken into custody under s.

29  985.207 for violating the conditions of community control or

30  postcommitment community control aftercare shall be held in a

31  consequence unit if such a unit is available. The child shall

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  1  be afforded a hearing within 24 hours after being taken into

  2  custody to determine the existence of probable cause that the

  3  child violated the conditions of community control or

  4  postcommitment community control aftercare. A consequence unit

  5  is a secure facility specifically designated by the department

  6  for children who are taken into custody under s. 985.207 for

  7  violating community control or postcommitment community

  8  control aftercare, or who have been found by the court to have

  9  violated the conditions of community control or postcommitment

10  community control aftercare. If the violation involves a new

11  charge of delinquency, the child may be detained under s.

12  985.215 in a facility other than a consequence unit. If the

13  child is not eligible for detention for the new charge of

14  delinquency, the child may be held in the consequence unit

15  pending a hearing and is subject to the time limitations

16  specified in s. 985.215. If the child denies violating the

17  conditions of community control or postcommitment community

18  control aftercare, the court shall appoint counsel to

19  represent the child at the child's request. Upon the child's

20  admission, or if the court finds after a hearing that the

21  child has violated the conditions of community control or

22  postcommitment community control aftercare, the court shall

23  enter an order revoking, modifying, or continuing community

24  control or postcommitment community control aftercare. In each

25  such case, the court shall enter a new disposition order and,

26  in addition to the sanctions set forth in this paragraph, may

27  impose any sanction the court could have imposed at the

28  original disposition hearing. If the child is found to have

29  violated the conditions of community control or postcommitment

30  community control aftercare, the court may:

31

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  1         (I)  Place the child in a consequence unit in that

  2  judicial circuit, if available, for up to 5 days for a first

  3  violation, and up to 15 days for a second or subsequent

  4  violation.

  5         (II)  Place the child on home detention with electronic

  6  monitoring. However, this sanction may be used only if a

  7  residential consequence unit is not available.

  8         (III)  Modify or continue the child's community control

  9  program or postcommitment community control aftercare program.

10         (IV)  Revoke community control or postcommitment

11  community control aftercare and commit the child to the

12  department.

13         d.  Notwithstanding s. 743.07 and paragraph (d), and

14  except as provided in s. 985.31, the term of any order placing

15  a child in a community control program must be until the

16  child's 19th birthday unless he or she is released by the

17  court, on the motion of an interested party or on its own

18  motion.

19         2.  Commit the child to a licensed child-caring agency

20  willing to receive the child, but the court may not commit the

21  child to a jail or to a facility used primarily as a detention

22  center or facility or shelter.

23         3.  Commit the child to the Department of Juvenile

24  Justice at a restrictiveness level defined in s. 985.03(45).

25  Such commitment must be for the purpose of exercising active

26  control over the child, including, but not limited to,

27  custody, care, training, urine monitoring, and treatment of

28  the child and release furlough of the child into the community

29  in a postresidential minimum-risk nonresidential aftercare

30  program. If the child is not successful in the commitment

31  aftercare program, the department may utilize the transfer

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  1  procedure under s. 985.404. Notwithstanding s. 743.07 and

  2  paragraph (d), and except as provided in s. 985.31, the term

  3  of the commitment must be until the child is discharged by the

  4  department or until he or she reaches the age of 21.

  5         4.  Revoke or suspend the driver's license of the

  6  child.

  7         5.  Require the child and, if the court finds it

  8  appropriate, the child's parent or guardian together with the

  9  child, to render community service in a public service

10  program.

11         6.  As part of the community control program to be

12  implemented by the Department of Juvenile Justice, or, in the

13  case of a committed child, as part of the community-based

14  sanctions ordered by the court at the disposition hearing or

15  before the child's release from commitment, order the child to

16  make restitution in money, through a promissory note cosigned

17  by the child's parent or guardian, or in kind for any damage

18  or loss caused by the child's offense in a reasonable amount

19  or manner to be determined by the court. The clerk of the

20  circuit court shall be the receiving and dispensing agent. In

21  such case, the court shall order the child or the child's

22  parent or guardian to pay to the office of the clerk of the

23  circuit court an amount not to exceed the actual cost incurred

24  by the clerk as a result of receiving and dispensing

25  restitution payments. The clerk shall notify the court if

26  restitution is not made, and the court shall take any further

27  action that is necessary against the child or the child's

28  parent or guardian. A finding by the court, after a hearing,

29  that the parent or guardian has made diligent and good faith

30  efforts to prevent the child from engaging in delinquent acts

31

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  1  absolves the parent or guardian of liability for restitution

  2  under this subparagraph.

  3         7.  Order the child and, if the court finds it

  4  appropriate, the child's parent or guardian together with the

  5  child, to participate in a community work project, either as

  6  an alternative to monetary restitution or as part of the

  7  rehabilitative or community control program.

  8         8.  Commit the child to the Department of Juvenile

  9  Justice for placement in a program or facility for serious or

10  habitual juvenile offenders in accordance with s. 985.31. Any

11  commitment of a child to a program or facility for serious or

12  habitual juvenile offenders must be for an indeterminate

13  period of time, but the time may not exceed the maximum term

14  of imprisonment that an adult may serve for the same offense.

15  The court may retain jurisdiction over such child until the

16  child reaches the age of 21, specifically for the purpose of

17  the child completing the program.

18         9.  In addition to the sanctions imposed on the child,

19  order the parent or guardian of the child to perform community

20  service if the court finds that the parent or guardian did not

21  make a diligent and good faith effort to prevent the child

22  from engaging in delinquent acts. The court may also order the

23  parent or guardian to make restitution in money or in kind for

24  any damage or loss caused by the child's offense. The court

25  shall determine a reasonable amount or manner of restitution,

26  and payment shall be made to the clerk of the circuit court as

27  provided in subparagraph 6.

28         10.  Subject to specific appropriation, commit the

29  juvenile sexual offender to the Department of Juvenile Justice

30  for placement in a program or facility for juvenile sexual

31  offenders in accordance with s. 985.308.  Any commitment of a

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  1  juvenile sexual offender to a program or facility for juvenile

  2  sexual offenders must be for an indeterminate period of time,

  3  but the time may not exceed the maximum term of imprisonment

  4  that an adult may serve for the same offense.  The court may

  5  retain jurisdiction over a juvenile sexual offender until the

  6  juvenile sexual offender reaches the age of 21, specifically

  7  for the purpose of completing the program.

  8         Section 10.  Subsection (2) of section 985.3141,

  9  Florida Statutes, 1998 Supplement, is amended to read:

10         985.3141  Escapes from secure detention or residential

11  commitment facility.--An escape from:

12         (2)  Any residential commitment facility assigned to a

13  restrictiveness level described in s. 985.03(45), maintained

14  for the custody, treatment, punishment, or rehabilitation of

15  children found to have committed delinquent acts or violations

16  of law; or

17

18  constitutes escape within the intent and meaning of s. 944.40

19  and is a felony of the third degree, punishable as provided in

20  s. 775.082, s. 775.083, or s. 775.084.

21         Section 11.  Section 985.316, Florida Statutes, is

22  amended to read:

23         985.316  Furlough and intensive Aftercare.--

24         (1)  It is the intent of the Legislature that, to

25  prevent recidivism of juvenile offenders, aftercare be

26  provided statewide to each juvenile who returns to his or her

27  community from a residential commitment program and

28  demonstrates a need for aftercare based on an assessment.

29  Accordingly, the Legislature intends that aftercare be

30  included in the continuum of care, and that aftercare

31  transition planning begin as early in the commitment process

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  1  as possible. The Legislature further intends that commitment

  2  programs include rehabilitative efforts on preparing committed

  3  juveniles for a successful release to the community.

  4         (2)(1)  With regard to children referred or committed

  5  to the department, the function of the department may include,

  6  but shall not be limited to, supervising the child when

  7  released furloughed into the community from a facility of the

  8  department, including providing such counseling and other

  9  services as may be necessary for the families and assisting

10  their preparations for the return of the child.

11         (3)  After a juvenile is released from a residential

12  commitment program, aftercare services may be delivered

13  through either minimum-risk nonresidential commitment

14  restrictiveness programs or postcommitment community control.

15  A juvenile under minimum-risk nonresidential commitment

16  placement will continue to be on commitment status and subject

17  to the transfer provision under s. 985.404.  A juvenile on

18  postcommitment community control shall be subject to the

19  provisions of s. 985.231(1)(a).

20         (4)(2)  Whenever a delinquent child is committed to a

21  residential program operated by a private vendor under

22  contract, the department may negotiate with such vendor to

23  provide intensive aftercare for the child in the home

24  community following successful completion of the residential

25  program. Intensive aftercare shall involve regular contact

26  between the child and the staff of the vendor with whom the

27  child has developed a relationship during the course of the

28  commitment program. Contingent upon specific appropriation, a

29  contract for intensive aftercare provided by the residential

30  commitment program vendor shall provide for caseloads of 10 or

31  fewer children, intensive aftercare for 1 year, and a transfer

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  1  of the ongoing case management and reentry responsibilities

  2  from the department to the vendor at the time the vendor

  3  admits the child into the commitment program.  The department

  4  shall annually seek the necessary resources to provide

  5  intensive aftercare.

  6         (5)(3)  Subject to specific appropriation, the

  7  department shall provide or contract for outpatient sexual

  8  offender counseling for any juvenile sexual offender

  9  furloughed from a commitment program, as a component of

10  aftercare services.

11         (4)  Upon a recommendation that a child committed to

12  the department have his or her furlough revoked, the

13  department shall, within 30 days after the date the

14  recommendation is made, hold an administrative hearing

15  pursuant to chapter 120.

16         (6)(5)  It is the legislative intent that, to prevent

17  recidivism of juvenile offenders, reentry and aftercare

18  services be provided statewide to each juvenile who returns to

19  his or her community from a residential commitment program.

20  Accordingly, the Legislature further intends that reentry and

21  aftercare services be included in the continuum of care.

22         Section 12.  Subsection (4) of section 985.404, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         985.404  Administering the juvenile justice

25  continuum.--

26         (4)  The department may transfer a child, when

27  necessary to appropriately administer the child's commitment,

28  from one facility or program to another facility or program

29  operated, contracted, subcontracted, or designated by the

30  department, including a postresidential minimum-risk

31  nonresidential aftercare program. The department shall notify

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  1  the court that committed the child to the department, in

  2  writing, of its transfer of the child from a commitment

  3  facility or program to another facility or program of a higher

  4  or lower restrictiveness level.  The court that committed the

  5  child may agree to the transfer or may set a hearing to review

  6  the transfer.  If the court does not respond within 10 days

  7  after receipt of the notice, the transfer of the child shall

  8  be deemed granted.

  9         Section 13.  Subsection (5) of section 985.417, Florida

10  Statutes, is amended to read:

11         985.417  Transfer of children from the Department of

12  Corrections to the Department of Juvenile Justice.--

13         (5)  Any child who has been convicted of a capital

14  felony while under the age of 18 years may not be released

15  furloughed on community control without the consent of the

16  Governor and three members of the Cabinet.

17         Section 14.  Subsection (16) of section 984.03, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         984.03  Definitions.--When used in this chapter, the

20  term:

21         (16)  "Delinquency program" means any intake, community

22  control and furlough, or similar program; regional detention

23  center or facility; or community-based program, whether owned

24  and operated by or contracted by the Department of Juvenile

25  Justice, or institution owned and operated by or contracted by

26  the Department of Juvenile Justice, which provides intake,

27  supervision, or custody and care of children who are alleged

28  to be or who have been found to be delinquent pursuant to

29  chapter 985.

30

31

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  1         Section 15.  Paragraph (b) of subsection (4) of section

  2  39.0132, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         39.0132  Oaths, records, and confidential

  5  information.--

  6         (4)

  7         (b)  The department shall disclose to the school

  8  superintendent the presence of any child in the care and

  9  custody or under the jurisdiction or supervision of the

10  department who has received an adjudication of delinquency or

11  had adjudication withheld for a sexual offense a known history

12  of sexual behavior with other juveniles; is an alleged

13  juvenile sex offender, as defined in s. 415.50165; or has pled

14  guilty or nolo contendere to, or has been found to have

15  committed, a violation of chapter 794, chapter 796, chapter

16  800, s. 827.071, or s. 847.0133, regardless of adjudication.

17  Any employee of a district school board who knowingly and

18  willfully discloses such information to an unauthorized person

19  commits a misdemeanor of the second degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         Section 16.  Paragraph (b) of subsection (3) of section

22  985.04, Florida Statutes, 1998 Supplement, is amended to read:

23         985.04  Oaths; records; confidential information.--

24         (3)

25         (b)  The department shall disclose to the school

26  superintendent the presence of any child in the care and

27  custody or under the jurisdiction or supervision of the

28  department who has a known history of sexual behavior with

29  other juveniles; is an alleged juvenile sex offender, as

30  defined in s. 415.50165; or has pled guilty or nolo contendere

31  to, or has been found to have committed, a violation of

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  1  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

  2  847.0133, regardless of adjudication. Any employee of a

  3  district school board who knowingly and willfully discloses

  4  such information to an unauthorized person commits a

  5  misdemeanor of the second degree, punishable as provided in s.

  6  775.082 or s. 775.083.

  7         Section 17.  Subsections (4) through (8) of section

  8  985.406, Florida Statutes, 1998 Supplement, are renumbered as

  9  subsections (5) through (9), respectively, subsection (3) is

10  amended, and a new subsection (4) is added to said section, to

11  read:

12         985.406  Juvenile justice training academies

13  established; Juvenile Justice Standards and Training

14  Commission created; Juvenile Justice Training Trust Fund

15  created.--

16         (3)  JUVENILE JUSTICE TRAINING PROGRAM.--The commission

17  shall establish a certified program for juvenile justice

18  training pursuant to the provisions of this section, and all

19  Department of Juvenile Justice program staff and providers who

20  deliver direct-care services pursuant to contract with the

21  department shall be required to participate in and

22  successfully complete the commission-approved program of

23  training pertinent to their areas of responsibility. Judges,

24  state attorneys, and public defenders, law enforcement

25  officers, and school district personnel may participate in

26  such training program. For the juvenile justice program staff,

27  the commission shall, based on a job-task analysis:

28         (a)  Design, implement, maintain, evaluate, and revise

29  a basic training program, including a competency-based

30  curriculum-based examination, for the purpose of providing

31

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  1  minimum employment training qualifications for all juvenile

  2  justice personnel.

  3         (b)  Design, implement, maintain, evaluate, and revise

  4  an advanced training program, including a competency-based

  5  curriculum-based examination for each training course, which

  6  is intended to enhance knowledge, skills, and abilities

  7  related to job performance.

  8         (c)  Design, implement, maintain, evaluate, and revise

  9  a career development training program, including a

10  competency-based curriculum-based examination for each

11  training course. Career development courses are intended to

12  prepare personnel for promotion.

13         (d)  The commission is encouraged to design, implement,

14  maintain, evaluate, and revise juvenile justice training

15  courses, or to enter into contracts for such training courses,

16  that are intended to provide for the safety and well-being of

17  both citizens and juvenile offenders.

18         (4)  JUVENILE JUSTICE PROGRAM STAFF MINIMUM

19  REQUIREMENTS.--All Department of Juvenile Justice program

20  staff and providers who deliver direct-care services hired on

21  or after October 1, 1999, must meet the following mimimum

22  requirements:

23         (a)  Be at least 19 years of age.

24         (b)  Be a citizen of the United States, notwithstanding

25  any law of the state to the contrary.

26         (c)  Be a high school graduate or the "equivalent," as

27  defined by the commission.

28         (d)  Not have been convicted of any felony or of a

29  misdemeanor involving perjury or a false statement, not have

30  received a dishonorable discharge from any of the Armed Forces

31  of the United States. Any person who, after September 30,

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  1  1999, pleads guilty or nolo contendere to or is found guilty

  2  of any felony or of a misdemeanor involving perjury or false

  3  statement is not eligible for employment, notwithstanding

  4  suspension of sentence or withholding adjudication.

  5  Notwithstanding this paragraph, any person who has pled nolo

  6  contendere to a misdemeanor involving a false statement before

  7  October 1, 1999, and has had such record of that plea sealed

  8  or expunged is not ineligible for employment for that reason.

  9         (e)  Abide by all the provisions of s. 985.01(2)

10  regarding fingerprinting and background investigations and

11  other personnel screening requirements.

12         (f)  Have passed a physical exam by a licensed

13  physician, based on specifications established by the

14  department, which shall include preemployment drug screening

15  and testing.

16         (g)  Execute and submit to the department an

17  affidavit-of-application form, adopted by the department,

18  attesting to his or her compliance with paragraphs (a)-(f).

19  The affidavit shall be executed under oath and constitutes an

20  official statement within the purview of s. 837.06. The

21  affidavit shall include conspicuous language that the

22  intentional false execution of the affidavit constitutes a

23  misdemeanor of the second degree. The affidavit shall be

24  retained by the employing agency.

25         (h)  Complete a commission-approved basic training

26  program for the applicable juvenile justice responsibilities.

27         (i)  Achieve an acceptable score on the certification

28  examination for the applicable juvenile justice

29  responsibilities.

30

31

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  1         Section 18.  Paragraph (r) is added to subsection (1)

  2  of section 960.001, Florida Statutes, 1998 Supplement, to

  3  read:

  4         960.001  Guidelines for fair treatment of victims and

  5  witnesses in the criminal justice and juvenile justice

  6  systems.--

  7         (1)  The Department of Legal Affairs, the state

  8  attorneys, the Department of Corrections, the Department of

  9  Juvenile Justice, the Parole Commission, the State Courts

10  Administrator and circuit court administrators, the Department

11  of Law Enforcement, and every sheriff's department, police

12  department, or other law enforcement agency as defined in s.

13  943.10(4) shall develop and implement guidelines for the use

14  of their respective agencies, which guidelines are consistent

15  with the purposes of this act and s. 16(b), Art. I of the

16  State Constitution and are designed to implement the

17  provisions of s. 16(b), Art. I of the State Constitution and

18  to achieve the following objectives:

19         (r)  Implementation of crime prevention efforts to

20  enhance the protection of individual personal safety and

21  property as prescribed by s. 187.201(7)(b)9., State

22  Comprehensive Plan.--By preventing future crimes that either

23  produce new victims or further harm former victims, crime

24  prevention efforts are an essential part of providing victims

25  and witnesses with effective service; therefore, the agencies

26  identified in this subsection may participate in and expend

27  funds for crime prevention, including those involving public

28  awareness, public participation, and educational activities.

29         Section 19.  Paragraph (d) of subsection (1) of section

30  419.001, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         419.001  Site selection of community residential

  2  homes.--

  3         (1)  For the purposes of this section, the following

  4  definitions shall apply:

  5         (d)  "Resident" means any of the following:  a frail

  6  elder as defined in s. 400.618; a physically disabled or

  7  handicapped person as defined in s. 760.22(7)(a); a

  8  developmentally disabled person as defined in s. 393.063(11);

  9  a nondangerous mentally ill person as defined in s.

10  394.455(18); or a child as defined in s. 39.01(11), s.

11  984.03(9) or (12), or s. 985.03(9) 985.03(8).

12         Section 20.  Section 784.075, Florida Statutes, 1998

13  Supplement, is amended to read:

14         784.075  Battery on detention or commitment facility

15  staff.--A person who commits a battery on a juvenile probation

16  officer an intake counselor or case manager, as defined in s.

17  984.03 984.03(31) or s. 985.03 985.03(30), on other staff of a

18  detention center or facility as defined in s. 984.03

19  984.03(19) or s. 985.03 985.03(19), or on a staff member of a

20  commitment facility as defined in s. 985.03(47) 985.03(45),

21  commits a felony of the third degree, punishable as provided

22  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this

23  section, a staff member of the facilities listed includes

24  persons employed by the Department of Juvenile Justice,

25  persons employed at facilities licensed by the Department of

26  Juvenile Justice, and persons employed at facilities operated

27  under a contract with the Department of Juvenile Justice.

28         Section 21.  Section 984.05, Florida Statutes, 1998

29  Supplement, is amended to read:

30         984.05  Rules relating to habitual truants; adoption by

31  Department of Education and Department of Juvenile

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  1  Justice.--The Department of Juvenile Justice and the

  2  Department of Education shall work together on the development

  3  of, and shall adopt, rules as necessary for the implementation

  4  of ss. 232.19, 984.03(29), and 985.03(28) 985.03(27).

  5         Section 22.  Paragraph (b) of subsection (2) of section

  6  985.227, Florida Statutes, is amended to read:

  7         985.227  Prosecution of juveniles as adults by the

  8  direct filing of an information in the criminal division of

  9  the circuit court; discretionary criteria; mandatory

10  criteria.--

11         (2)  MANDATORY DIRECT FILE.--

12         (b)  Notwithstanding subsection (1), regardless of the

13  child's age at the time the alleged offense was committed, the

14  state attorney must file an information with respect to any

15  child who previously has been adjudicated for offenses which,

16  if committed by an adult, would be felonies and such

17  adjudications occurred at three or more separate delinquency

18  adjudicatory hearings, and three of which resulted in

19  residential commitments as defined in s. 985.03(47)

20  985.03(45).

21         Section 23.  Paragraph (e) of subsection (3) and

22  paragraph (a) of subsection (4) of section 985.31, Florida

23  Statutes, 1998 Supplement, are amended to read:

24         985.31  Serious or habitual juvenile offender.--

25         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

26  TREATMENT.--

27         (e)  After a child has been adjudicated delinquent

28  pursuant to s. 985.228, the court shall determine whether the

29  child meets the criteria for a serious or habitual juvenile

30  offender pursuant to s. 985.03(49) 985.03(47). If the court

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  1  determines that the child does not meet such criteria, the

  2  provisions of s. 985.231(1) shall apply.

  3         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

  4         (a)  Pursuant to the provisions of this section, the

  5  department shall implement the comprehensive assessment

  6  instrument for the treatment needs of serious or habitual

  7  juvenile offenders and for the assessment, which assessment

  8  shall include the criteria under s. 985.03(49) 985.03(47) and

  9  shall also include, but not be limited to, evaluation of the

10  child's:

11         1.  Amenability to treatment.

12         2.  Proclivity toward violence.

13         3.  Tendency toward gang involvement.

14         4.  Substance abuse or addiction and the level thereof.

15         5.  History of being a victim of child abuse or sexual

16  abuse, or indication of sexual behavior dysfunction.

17         6.  Number and type of previous adjudications, findings

18  of guilt, and convictions.

19         7.  Potential for rehabilitation.

20         Section 24.  Paragraph (e) of subsection (3) and

21  paragraph (a) of subsection (4) of section 985.311, Florida

22  Statutes, 1998 Supplement, are amended to read:

23         985.311  Intensive residential treatment program for

24  offenders less than 13 years of age.--

25         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

26  TREATMENT.--

27         (e)  After a child has been adjudicated delinquent

28  pursuant to s. 985.228(5), the court shall determine whether

29  the child is eligible for an intensive residential treatment

30  program for offenders less than 13 years of age pursuant to s.

31  985.03(8) 985.03(7).  If the court determines that the child

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  1  does not meet the criteria, the provisions of s. 985.231(1)

  2  shall apply.

  3         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

  4         (a)  Pursuant to the provisions of this section, the

  5  department shall implement the comprehensive assessment

  6  instrument for the treatment needs of children who are

  7  eligible for an intensive residential treatment program for

  8  offenders less than 13 years of age and for the assessment,

  9  which assessment shall include the criteria under s. 985.03(8)

10  985.03(7) and shall also include, but not be limited to,

11  evaluation of the child's:

12         1.  Amenability to treatment.

13         2.  Proclivity toward violence.

14         3.  Tendency toward gang involvement.

15         4.  Substance abuse or addiction and the level thereof.

16         5.  History of being a victim of child abuse or sexual

17  abuse, or indication of sexual behavior dysfunction.

18         6.  Number and type of previous adjudications, findings

19  of guilt, and convictions.

20         7.  Potential for rehabilitation.

21         Section 25.  Section 985.312, Florida Statutes, is

22  amended to read:

23         985.312  Intensive residential treatment programs for

24  offenders less than 13 years of age; prerequisite for

25  commitment.--No child who is eligible for commitment to an

26  intensive residential treatment program for offenders less

27  than 13 years of age as established in s. 985.03(8) 985.03(7),

28  may be committed to any intensive residential treatment

29  program for offenders less than 13 years of age as established

30  in s. 985.311, unless such program has been established by the

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  1  department through existing resources or specific

  2  appropriation, for such program.

  3         Section 26.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Revises various provisions relating to juvenile justice.
  9    Authorizes the retention of criminal history records of
      minors committed to a maximum-risk residential program.
10    Provides that the Department of Juvenile Justice may
      permit use by a direct-support organization of certain
11    property and facilities. Provides that fingerprint and
      photograph records of children charged with or found to
12    have committed specified misdemeanors may be submitted to
      the Department of Law Enforcement for specified purposes.
13    Provides for the department or the state attorney to
      bring the child before the court on an affidavit alleging
14    a violation of a community control program or a
      postcommitment community control program, and provides
15    for subsequent release and transfer in certain cases.
      Authorizes the department to use tax-exempt financing in
16    leasing juvenile justice facilities. Removes requirements
      for disclosure to the school superintendent of the
17    presence of certain children who have known histories of
      sexual behavior with other juveniles. Revises duties of
18    the Juvenile Justice Standards and Training Commission.
      Prescribes minimum requirements for Department of
19    Juvenile Justice program staff and providers who deliver
      direct-care services and are hired after October 1, 1999.
20    Provides for certain agency expenditures for crime
      prevention and related activities. See bill for details.
21

22

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25

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